Legal provisions of COM(2018)368 - Amendment of Council Regulations 1224/2009, 768/2005, 1967/2006, 1005/2008, and Regulation 2016/1139 as regards fisheries control - Main contents
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| dossier | COM(2018)368 - Amendment of Council Regulations 1224/2009, 768/2005, 1967/2006, 1005/2008, and Regulation 2016/1139 as regards fisheries ... |
|---|---|
| document | COM(2018)368  |
| date | November 22, 2023 |
Article 1
Amendments to Regulation (EC) No 1224/2009
Regulation (EC) No 1224/2009 is amended as follows:
| (1) | Article 4 is amended as follows:
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| (2) | Article 5 is amended as follows:
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| (3) | Articles 6 and 7 are replaced by the following: ‘Article 6 Fishing licence 1. A Union catching vessel may be used for commercial exploitation of marine biological resources only if it has a valid fishing licence. 2. The flag Member State shall ensure that the fishing licence meets the minimum information requirements concerning the identification, technical characteristics and fitting out of a catching vessel and that the information contained in the fishing licence is accurate and consistent with that contained in the Union fishing fleet register referred to in Article 24(3) of Regulation (EU) No 1380/2013. 3. The flag Member State shall withdraw permanently the fishing licence of a catching vessel which is the subject of a fishing capacity adjustment measure referred to in Article 22 of Regulation (EU) No 1380/2013. 4. The Commission may, by means of implementing acts, lay down detailed rules on the validity of fishing licences issued by the flag Member States as well as the minimum information requirements concerning the identification, technical characteristics and fitting out of a catching vessel contained therein. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2). Article 7 Fishing authorisation for Union catching vessels 1. A Union catching vessel shall be authorised to carry out specific fishing activities only insofar as they are indicated in a valid fishing authorisation, when the fisheries or fishing zones where the fishing activities are authorised, or the vessel, are subject to:
2. Where a Member State has a specific national fishing authorisation scheme for catching vessels flying its flag, it shall send to the Commission at its request a summary of the information contained in the fishing authorisation issued and the related aggregated data on fishing effort. 3. Where the flag Member State has adopted national provisions in the form of a national fishing authorisation scheme for the allocation to individual catching vessels of the fishing opportunities available to it, it shall send to the Commission at its request information on the catching vessels authorised to engage in a fishing activity in a given fishery, in particular concerning the external identification numbers, the names of the catching vessels concerned, and the individual fishing opportunities allocated to them. 4. A fishing authorisation shall not be issued for a catching vessel if that vessel does not have a fishing licence obtained in accordance with Article 6, or if its fishing licence has been suspended or withdrawn. A fishing authorisation for a catching vessel shall be automatically withdrawn where the fishing licence corresponding to that vessel has been withdrawn permanently. It shall be suspended where the fishing licence has been suspended temporarily. 5. The Commission shall, by means of implementing acts, lay down detailed rules on the fishing authorisations issued by the flag Member State, including conditions for the validity of the fishing authorisation and the minimum information to be contained therein, as well as conditions on access to data from REM systems. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2). 6. Without prejudice to the Union’s international obligations, a Member State may exempt Union catching vessels of less than 10 metres in length overall from the obligation to have a fishing authorisation if they carry out fishing activities exclusively in one or both of the following areas:
Any Member State that decides to apply the exception referred to in the first subparagraph shall inform the Commission and other Member States concerned thereof within 10 working days from its decision.’. |
| (4) | The following article is inserted: ‘Article 7a Fishing authorisation for Union fishing vessels other than catching vessels 1. Union fishing vessels other than catching vessels may carry out fishing activities only if they have been authorised by their flag Member State. 2. The Commission may, by means of implementing acts, lay down detailed rules on the validity of fishing authorisations for Union fishing vessels referred to in paragraph 1 of this Article and on the minimum information to be contained therein. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).’. |
| (5) | Article 8 is amended as follows:
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| (6) | Article 9 is replaced by the following: ‘Article 9 Vessel monitoring systems 1. Member States shall operate vessel monitoring systems for effective monitoring of position and movement of the fishing vessels flying their flag, wherever those vessels may be, as well as of fishing vessels in their waters. Each flag Member State shall collect and analyse the vessel position data and ensure its monitoring on a continuous and systematic basis. 2. Each Union fishing vessel shall have installed on board a fully functioning tracking device which allows that vessel to be automatically located and identified by a vessel monitoring system through transmitting automatically the vessel position data at regular intervals. The vessel monitoring systems shall also allow the fisheries monitoring centre of the flag Member State referred to in Article 9a to poll a fishing vessel at all times. The transmission of vessel position data and the polling shall either pass through a satellite connection or, where possible, a land-based mobile network or other equivalent technology. 3. By way of derogation from paragraph 2, Union fishing vessels of less than 12 metres in length overall may carry on board a device which does not have to be installed on board and which allows the vessel to be automatically located and identified while at sea through recording and transmitting the vessel position data at regular intervals through a satellite connection or any other network. For the purpose of applying this paragraph, Member States shall make available such an alternative vessel monitoring system. Such system may be developed at national or Union level. If one or more Member States so request by 10 May 2024, the Commission shall develop a vessel monitoring system for fishing vessels of less than 12 metres in length overall. A requesting Member State shall implement the system as developed by the Commission. The vessel monitoring system shall allow the fisheries monitoring centre of the flag Member State referred to in Article 9a to poll the position of the fishing vessel through a satellite connection or, where possible, any other network. In the event that the device referred to in this paragraph is not within reach of a network, the vessel position data shall be recorded during that period of time and shall be transmitted automatically as soon as the vessel is in reach of such network. Connection with the network shall be re-established at the latest before entering a port or landing site. 4. Without prejudice to obligations under other Union legal acts, a Member State may exempt, until 31 December 2029, fishing vessels of less than 9 metres in length overall flying its flag from the requirement to be fitted with a vessel monitoring system if such vessels:
5. When a Union fishing vessel is in the waters of another Member State, the flag Member State shall make available the vessel position data of that vessel by automatic transmission of the data received to the fisheries monitoring centre of the coastal Member State. 6. If a Union fishing vessel engages in fishing activities in the waters of a third country or in waters where the fishing resources are managed by a regional fisheries management organisation as referred to in Article 3(1), and if the agreement with that third country or the applicable rules of that organisation so provide, vessel position data shall also be made available to that country or organisation. 7. Without prejudice to Regulation (EU) 2017/2403 of the European Parliament and of the Council (*6), all third-country fishing vessels authorised to conduct fishing activities in Union waters shall have installed on board a fully functioning device which allows such a vessel to be automatically located and identified by a vessel monitoring system through transmitting the vessel position data at regular intervals in the same way as Union fishing vessels under this Article. 8. The Commission shall, by means of implementing acts, lay down detailed rules on:
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2). (*6) Regulation (EU) 2017/2403 of the European Parliament and of the Council of 12 December 2017 on the sustainable management of external fishing fleets, and repealing Council Regulation (EC) No 1006/2008 (OJ L 347, 28.12.2017, p. 81).’." |
| (7) | The following article is inserted: ‘Article 9a Fisheries monitoring centres 1. Member States shall establish and operate fisheries monitoring centres which shall monitor fishing activities and fishing effort. The fisheries monitoring centre of each Member State shall monitor the fishing vessels flying its flag, whatever the waters in which they operate or the port they are in, as well as fishing vessels flying the flag of other Member States and fishing vessels of third countries authorised to conduct fishing activities in the waters under the sovereignty or jurisdiction of that particular Member State. 2. Each Member State shall appoint the competent authorities responsible for the functioning of its fisheries monitoring centre and shall take the appropriate measures to ensure that its fisheries monitoring centre has the proper staffing resources and is equipped with computer hardware and software enabling automatic data processing, analysis, control, electronic data transmission and data monitoring seven days a week and 24 hours a day. Member States shall provide for back-up and recovery procedures in case of system failure. Member States may operate a joint fisheries monitoring centre. 3. Member States shall ensure that fisheries monitoring centres have access to all relevant data and, in particular, data listed in Articles 109 and 110. 4. Fisheries monitoring centres shall support real-time monitoring of vessels so as to enable enforcement action. 5. The Commission is empowered to adopt delegated acts in accordance with Article 119a supplementing this Regulation by adopting detailed rules on monitoring of fishing activities and fishing effort by the fisheries monitoring centres, in particular relating to:
(8) Article 10 is replaced by the following: ‘Article 10 Automatic identification systems 1. In accordance with Article 6a of Directive 2002/59/EC, Union fishing vessels exceeding 15 metres in length overall shall be fitted with and maintain in continuous operation an automatic identification system (AIS) which meets the performance standards referred to in that Directive. 2. By way of derogation from paragraph 1, the master of a Union fishing vessel may switch off the AIS in exceptional circumstances when the master considers that the safety or security of the crew is imminently at risk of being compromised. Where the AIS is switched off in accordance with this paragraph, the master shall report that action and the reason for doing so to the competent authorities of its flag Member State and, when relevant, also to the competent authorities of the coastal State. When the situation referred to in this paragraph has elapsed, the master shall restart the AIS as soon as the source of danger has disappeared. 3. Member States shall ensure that data from the AIS are made available to their competent authorities responsible for fisheries control for control purposes, including cross-checks of AIS data with other available data, in accordance with Article 109.’. |
| (9) | Article 12 is replaced by the following: ‘Article 12 Transmission of data for surveillance operations For the purposes of maritime safety and security, border control, protection of the marine environment and general law enforcement, data from the vessel monitoring system(s) and the vessel detection system collected in the framework of this Regulation shall be made available to the Commission, Union agencies and competent authorities of the Member States engaged in surveillance operations.’. |
| (10) | Article 13 is replaced by the following: ‘Article 13 Remote electronic monitoring 1. Member States shall ensure monitoring and control of fishing activities through remote electronic monitoring (REM) systems as set out in this Article. 2. For the purpose of monitoring and control of the landing obligation, Member States shall ensure that Union catching vessels of 18 metres in length overall or more flying their flag which pose a high risk of non-compliance with the landing obligation have installed on board an operating REM system. The assessment of the risk of non-compliance with the landing obligation shall be carried out in accordance with the implementing acts adopted under Article 95(1). The REM system shall be able to effectively monitor and control compliance with the landing obligation, shall include CCTV and may include other instruments and/or equipment. The master shall ensure that the data from the REM system are made available to competent authorities. The competent authorities of the flag and coastal Member States responsible for fisheries control shall have equal access to those data, without prejudice to the relevant rules on the protection of personal data. 3. For the purpose of implementing paragraph 2, the Commission, by means of implementing acts, shall:
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2). 4. Member States may provide that certain fleet segments of Union catching vessels of less than 18 metres in length overall flying their flag shall have on board an operating REM system, based on the risk of non-compliance with the landing obligation as assessed by the Member State concerned or by the Commission. 5. Member States may provide incentives for vessels not required to be equipped with an REM system under paragraphs 2 and 4 but which use such a system for control of the landing obligation on a voluntary basis. 6. Without prejudice to paragraph 2, Member states may provide for the use of REM systems for the control of compliance with the rules of the common fisheries policy other than the landing obligation.’. |
| (11) | Article 14 is replaced by the following: ‘Article 14 Completion of the fishing logbook 1. The master of each Union catching vessel shall keep an electronic fishing logbook for the purpose of recording fishing activities. 2. The fishing logbook referred to in paragraph 1 shall contain at least the following information:
3. When compared with the quantities landed or with the result of an inspection, the permitted margin of tolerance in estimates recorded in the fishing logbook of the quantities in kilograms of fish retained on board shall be 10 % per each species. For species retained on board the quantity of which does not exceed 100 kg of live-weight equivalent, the permitted margin of tolerance shall be 20 % per each species. 4. By way of derogation from paragraph 3, in the case of fisheries referred to in Article 15(1), point (a), first and third indents, of Regulation (EU) No 1380/2013 for species which are landed unsorted, and in the case of tropical tuna purse seine fisheries for species which are landed unsorted, the following margins of tolerance shall apply:
5. For Union catching vessels engaged in the fisheries referred to in paragraph 4, the Commission may, at the request of one or more Member States, ask EFCA to develop harmonised technical guidelines on best practices for the estimation of catches on board. 6. The Commission shall, by means of implementing acts, by 10 July 2024 lay down rules on conditions pertaining in particular to the landing and weighing of catches of fisheries referred to in paragraph 4 of this Article in order to ensure the accuracy of reporting of catches. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2). The Commission shall, by means of implementing acts, approve the ports which comply with the conditions set out in accordance with this Article and on the basis of submissions by the Member States. The initial list of ports shall be adopted by 10 July 2024. The Commission may amend the list and may revoke its approval of a listed port in the event that the conditions are no longer met. 7. In the case of fishing gear lost at sea, the fishing logbook shall also contain the following information:
8. In the case of catches of sensitive species referred to in Article 10(1) and (2) and Article 11(1) of Regulation (EU) 2019/1241, the information referred in paragraph 2, point (h), of this Article shall also contain the quantities in kilograms live weight or, where appropriate, the number of individuals, of the catches which are injured, dead or released alive. 9. In fisheries subject to a Union fishing effort regime, masters of Union catching vessels shall in their fishing logbooks record and account for the time spent in an area as follows:
10. To convert stored or processed fish weight into live fish weight for the purposes of the fishing logbook, masters of Union catching vessels shall apply a conversion factor established in accordance with paragraph 12. 11. The accuracy of the data recorded in the fishing logbook shall be the responsibility of the master. 12. The Commission may, by means of implementing acts, establish conversion factors and lay down detailed rules on:
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).’. |
| (12) | Article 15 is replaced by the following: ‘Article 15 Electronic submission of the fishing logbook 1. Masters of Union catching vessels shall submit by electronic means the information referred to in Article 14 to the competent authority of their flag Member State:
2. By way of derogation from paragraph 1, masters of Union catching vessels of less than 12 metres in length overall shall submit by electronic means, the information referred to in Article 14 to the competent authority of their flag Member State after the last fishing operation has been completed and before the landing starts. 3. At the time of an inspection and upon request of the competent authority of their flag Member State, masters of Union catching vessels shall record and submit by electronic means to that authority the information referred to in Article 14. In the event that the vessel is not within reach of a network, the information shall be submitted as soon as the vessel is in reach of a network. 4. The competent authorities of a coastal Member State shall accept electronic reports received from the flag Member State containing the data from fishing vessels referred to in paragraphs 1, 2 and 3. 5. Masters of third-country catching vessels operating in Union waters shall submit by electronic means the information referred to in Article 14 to the competent authority of the coastal Member State under the same conditions as those which apply to masters of Union catching vessels.’. |
| (13) | The following articles are inserted: ‘Article 15a Electronic fishing logbook and other systems for vessels of less than 12 metres in length overall For the purposes of Articles 14 and 15, for catching vessels of less than 12 metres in length overall Member States may use a system for fishing logbooks developed at national or Union level. If one or more Member States so request by 10 May 2024, the Commission shall develop such a system for catching vessels of less than 12 metres in length overall. If one or more Member States so request, the system developed by the Commission shall be such as to allow the operators concerned to also fulfil their obligations under Articles 9, 19a, 20, 21, 22, 23 and 24. A requesting Member State shall implement the system as developed by the Commission. Article 15b Delegated and implementing acts concerning fishing logbook requirements 1. The Commission is empowered to adopt delegated acts in accordance with Article 119a supplementing this Regulation concerning:
2. The Commission shall, by means of implementing acts, lay down detailed rules on:
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).’. |
| (14) | Article 16 is deleted. |
| (15) | Article 17 is amended as follows:
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| (16) | Article 18 is deleted. |
| (17) | Article 19 is replaced by the following: ‘Article 19 Authorisation to enter port The competent authorities of the coastal Member State may deny access to port to fishing vessels if the information referred to in Article 17 is not complete, except in cases of force majeure or distress.’. |
| (18) | The following article is inserted: ‘Article 19a Prior notification of landing in third-country ports 1. Union fishing vessels shall be allowed to land in third-country ports only if their masters have submitted by electronic means to the competent authorities of their flag Member State the information referred to in paragraph 3 at least 48 hours before the estimated time of arrival at a third-country port, and if the flag Member State has not denied such authorisation to land. 2. The flag Member State may set a shorter period, of not less than two hours, for the submission referred to in paragraph 1 for fishing vessels flying its flag, taking into account the type of fishery products, the distance between the fishing grounds and port and the time needed to analyse the information referred to in paragraph 3 and to fulfil its obligations under paragraph 4. The flag Member State shall communicate such shorter period to the Commission. 3. Masters of Union fishing vessels shall submit to the flag Member State in particular the following information:
4. Where, on the basis of the analysis of the information submitted and other information available, there are reasonable grounds to believe that the Union fishing vessel is not or has not been complying with the rules of the common fisheries policy, the competent authorities of its flag Member State shall request the cooperation of the third country, where the vessel intends to land, for a possible inspection. For that purpose the flag Member State may require the fishing vessel to land in a different port, or delay the time of arrival at port or of landing.’. |
| (19) | Article 20 is amended as follows:
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| (20) | Article 21 is replaced by the following: ‘Article 21 Completion of the transhipment declaration 1. Masters of Union fishing vessels involved in a transhipment operation shall complete an electronic transhipment declaration. 2. The transhipment declaration referred to in paragraph 1 shall contain at least the following information:
3. When compared with the quantities landed or with the result of an inspection, the permitted margin of tolerance in estimates recorded in the transhipment declaration of the quantities in kilograms of fish retained on board shall be as set out in Article 14(3) and (4). 4. Masters of both the donor and the receiving fishing vessels shall each be responsible for the accuracy of the data recorded in their respective transhipment declarations. 5. To convert stored or processed fish weight into live fish weight for the purposes of the transhipment declaration, masters of fishing vessels shall apply a conversion factor established in accordance with Article 14(12). 6. The Commission is empowered to adopt delegated acts in accordance with Article 119a supplementing this Regulation by exempting certain categories of Union fishing vessels from the obligation laid down in paragraph 1 of this Article, taking into account the quantities and/or type of fishery products, distance between the fishing grounds, transhipping places and ports where the vessels concerned are registered.’. |
| (21) | Articles 22, 23 and 24 are replaced by the following: ‘Article 22 Electronic transmission of transhipment declaration data 1. Masters of Union fishing vessels shall submit by electronic means the information referred to in Article 21 to the competent authority of their flag Member State within 24 hours after completion of the transhipment operation. 2. When a Union fishing vessel tranships its catches in a Member State other than its flag Member State, the competent authorities of the flag Member State shall immediately upon receipt forward the transhipment declaration data by electronic means to the competent authorities of the Member State where the catch was transhipped and where the catch is destined. 3. The Commission is empowered to adopt delegated acts in accordance with Article 119a supplementing this Regulation by:
4. The Commission may, by means of implementing acts, lay down detailed rules on:
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2). Article 23 Completion of the landing declaration 1. The master of a Union fishing vessel, or a representative of the master, shall complete an electronic landing declaration. 2. The landing declaration referred to in paragraph 1 shall contain at least the following information:
3. The accuracy of the data recorded in the landing declaration shall be the responsibility of the master. 4. In order to convert stored or processed fish weight into live fish weight for the purpose of the completion of the landing declaration, the master of a fishing vessel, or a representative of the master, shall apply a conversion factor established in accordance with Article 14(12). Article 24 Electronic transmission of landing declaration data 1. The master of a Union fishing vessel or a representative of the master shall submit by electronic means the information referred to in Article 23(2) to the competent authority of their flag Member State within 24 hours after completion of the landing. 2. By way of derogation from paragraph 1 of this Article, for fishery products which are weighed in accordance with Article 60(3), points (c) and (d), the master or a representative of the master shall submit by electronic means the information referred to in Article 23 to the competent authority of the flag Member State within 24 hours after the completion of the weighing. 3. Where a Union fishing vessel lands catches in a Member State other than its flag Member State, the competent authorities of the flag Member State shall immediately upon receipt forward the landing declaration data by electronic means to the competent authorities of the Member State in whose territory the catch was landed. 4. The Commission is empowered to adopt delegated acts in accordance with Article 119a supplementing this Regulation by:
5. The Commission may, by means of implementing acts, lay down detailed rules on:
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).’. |
| (22) | Article 25 is deleted. |
| (23) | Article 26 is amended as follows:
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| (24) | In Article 27(1), the words ‘fishing vessel’ are replaced by the words ‘Union catching vessel’. |
| (25) | Article 28 is deleted. |
| (26) | Article 29 is amended as follows:
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| (27) | Article 30 is amended as follows:
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| (28) | Article 31 is replaced by the following: ‘Article 31 Catching vessels exempted from the application of a fishing effort regime This Section shall not apply to Union catching vessels to the extent that they are exempted from the application of a fishing effort regime.’. |
| (29) | Article 32 is deleted. |
| (30) | Article 33 is replaced by the following: ‘Article 33 Recording of catches and fishing effort 1. Each flag Member State or, in the case of fishing without a vessel, each coastal Member State shall record all data relating to catches and fishing effort referred to in this Regulation, in particular data referred to in Articles 14, 21, 23, 54d, 55, 62, 66 and 68, and shall keep the originals of those data for a period of at least three years in accordance with national law. 2. Before the 15th day of each month, each flag Member State or, in the case of fishing without a vessel, each coastal Member State shall submit by electronic means to the Commission or the body designated by it, the aggregated data on:
3. Where the data submitted by a Member State in accordance with paragraph 2 are based on estimates for a species, a stock or a group of stocks, the Member State shall submit to the Commission the corrected data on quantities established on the basis of landing declarations, sales notes or catch declarations as soon as possible and no later than three months after the end of the period for which the quota or fishing effort limit was set. 4. Where a Member State detects inconsistencies between the information submitted to the Commission in accordance with paragraphs 2 and 3 of this Article and the results of the validation performed in accordance with Article 109, the Member State shall submit to the Commission the corrected data on quantities established on the basis of that validation as soon as possible and no later than six months after the end of the period for which the quota or fishing effort limit was set. 5. Where the Commission detects inconsistencies concerning the data submitted by a Member State to the Commission in accordance with this Article, it shall consult the Member State concerned, which shall correct the data and submit the corrected data to the Commission as soon as possible. 6. Catches of each species, a stock or a group of stocks subject to a quota shall be counted against the quotas applicable to the Member States in accordance with Article 15 of Regulation (EU) No 1380/2013. 7. Catches taken in the framework of scientific research which are marketed and sold, including, where appropriate, those below the applicable minimum conservation reference size, shall be recorded by the Member States and the data on such catches shall be submitted to the Commission. The catches shall be counted against the quota applicable to the flag Member State insofar as they exceed 2 % of the quota concerned. This paragraph shall not apply to catches taken during mandatory research surveys at sea as referred to in Article 5(1), point (b), of Regulation (EU) 2017/1004 of the European Parliament and of the Council (*8). 8. Except for fishing effort deployed by catching vessels that are exempted from the application of a fishing effort regime, all fishing effort deployed by Union catching vessels when carrying on board or, where appropriate, using a fishing gear which is subject to a fishing effort regime or operating in a fishery subject to a fishing effort regime in a geographical area subject to that fishing effort regime shall be counted against the maximum allowable fishing effort related to such fishing gear, fishery or geographical area which is available to the flag Member State concerned. 9. Fishing effort deployed in the framework of scientific research by a catching vessel carrying a fishing gear which is subject to a fishing effort regime or operating in a fishery subject to a fishing effort regime in a geographical area subject to that fishing effort regime shall be counted against the maximum allowable fishing effort related to such fishing gear, fishery or geographical area which is available to its flag Member State, if the catches taken during the deployment of that fishing effort are marketed and sold, insofar as they exceed 2 % of the fishing effort allocated. This paragraph shall not apply to catches taken during mandatory research surveys at sea as referred to in Article 5(1), point (b), of Regulation (EU) 2017/1004. 10. The Commission may, by means of implementing acts, lay down rules concerning the formats for the transmission of the data referred to in this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2). (*8) Regulation (EU) 2017/1004 of the European Parliament and of the Council of 17 May 2017 on the establishment of a Union framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the common fisheries policy and repealing Council Regulation (EC) No 199/2008 (OJ L 157, 20.6.2017, p. 1).’." |
| (31) | Article 34 is replaced by the following: ‘Article 34 Data on exhaustion of fishing opportunities The Commission may request a Member State to submit more detailed information than that provided for in Article 33 where 80 % of a quota for a stock or a group of stocks is deemed to be exhausted, or where 80 % of the maximum allowable fishing effort for a fishing gear or a specific fishery and a corresponding geographical area is deemed to have been reached.’. |
| (32) | Article 35 is amended as follows:
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| (33) | In Article 36, paragraph 2 is replaced by the following: ‘2. Where the Commission finds that fishing opportunities available to the Union, a Member State or group of Member States are deemed to have been exhausted, the Commission shall inform the Member States concerned thereof and may, by means of implementing acts, prohibit fishing operations, as well as fishing without a vessel, for the relevant area, fishing gear, stock, group of stocks or fleet involved in those fishing operations.’. |
| (34) | Article 37 is amended as follows:
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| (35) | In Title IV, the heading of Chapter II is replaced by the following: ‘ Chapter II Control of fishing capacity ’. |
| (36) | Article 38 is replaced by the following: ‘Article 38 Fishing capacity 1. Member States shall be responsible for carrying out the necessary checks in order to ensure that the total capacity corresponding to the fishing licences issued by a Member State concerned, in GT and in kW, shall at any moment not be higher than the maximum capacity levels for that Member State established in accordance with Article 22 of Regulation (EU) No 1380/2013. 2. The Commission may, by means of implementing acts, lay down detailed rules for the application of this Article concerning:
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).’. |
| (37) | In Chapter II of Title IV, the heading of Section 2 is replaced by the following: ‘SECTION 2 ENGINE POWER AND TONNAGE’. |
| (38) | Article 39 is amended as follows:
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| (39) | The following article is inserted: ‘Article 39a Continuous monitoring of engine power 1. Member States shall, based on a risk assessment, determine which vessels equipped with inboard propulsive engines with a certified engine power exceeding 221 kilowatts and using towed gear, as defined in Article 6, point (12), of Regulation (EU) 2019/1241, pose a high risk of non-compliance with the rules of the common fisheries policy concerning engine power. They shall ensure that those vessels are equipped with permanently installed systems that measure and record engine power continuously. 2. Member States shall also ensure that catching vessels are equipped with permanently installed systems that measure and record engine power continuously in cases where those vessels use bottom trawls or Danish seines, are equipped with inboard propulsive engines with a certified engine power between 120 and 221 kilowatts, and are operating in the area referred to in part C, point 2.1, of Annex V to Regulation (EU) 2019/1241. 3. The systems referred to in paragraph 1 shall ensure the continuous measurement of propulsive engine power in kilowatts and the storage of those data on board. 4. Masters of catching vessels and holders of fishing licences shall ensure that the systems referred to in paragraph 1 function at all times and that the data from the continuous measurement of propulsive engine power are recorded and stored on board and are accessible on board the vessels at all times to officials. 5. The Commission shall, by means of implementing acts, lay down detailed rules concerning the installation, technical requirements and characteristics of the systems referred to in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2). 6. The risk assessment referred to in paragraph 1 shall:
7. The risk assessment shall be jointly carried out by the Member States, in cooperation with EFCA. 8. Member States may provide that Union catching vessels flying their flag equipped with inboard propulsive engines with a certified engine power of no more than 221 kilowatts and using towed gear, as defined in Article 6, point (12), of Regulation (EU) 2019/1241, shall be equipped with permanently installed systems that measure and record engine power continuously, based on the risk of non-compliance with the rules of the common fisheries policy concerning engine power.’. |
| (40) | Article 40 is amended as follows:
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| (41) | Article 41 is replaced by the following: ‘Article 41 Verification of engine power 1. In the case of catching vessels which are not equipped with a continuous monitoring system as provided in Article 39a, Member States shall, following a risk analysis, undertake data verification, in accordance with a sampling plan based on the methodology to be adopted in accordance with paragraph 5 of this Article, of the consistency of engine power using all the information available concerning the characteristics of the vessel concerned. In particular, they shall verify the information contained in:
2. Where, following the analysis of the information referred to in paragraph 1, there are indications that the engine power of a catching vessel exceeds the power indicated in the fishing licence or in the Union or national fishing fleet register, Member States shall proceed with a physical verification of the engine power or shall ensure that the catching vessel concerned is equipped with a system referred to in Article 39a(1). 3. For the purpose of verifying the engine power of a catching vessel, Member States shall apply the requirements adopted by the International Organisation for Standardisation in its recommended International Standard ISO 15016:2015 or equivalent European or national recognised methods. 4. The Commission is empowered to adopt delegated acts in accordance with Article 119a amending paragraph 3 of this Article in order to adapt the reference to the relevant ISO International Standard to technical progress. 5. The Commission may, by means of implementing acts, lay down detailed rules concerning the verification of engine power, including the methodology for establishing the sampling plan. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2). (*9) Directive 2009/15/EC of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations (OJ L 131, 28.5.2009, p. 47).’." |
| (42) | The following article is inserted: ‘Article 41a Verification of tonnage 1. Where there is evidence that the tonnage of a catching vessel differs from the tonnage indicated in the fishing licence, the flag Member State shall proceed with a verification of the tonnage. For that purpose, the Member States shall take into consideration, in particular, changes to the enclosed volume or dimensions of the vessel. 2. The Commission may, by means of implementing acts, lay down detailed rules concerning the verification of tonnage. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).’. |
| (43) | Article 42 is amended as follows:
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| (44) | Article 43 is amended as follows:
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| (45) | Article 44 is replaced by the following: ‘Article 44 Separate stowage of demersal catches subject to multiannual plans 1. Catches of demersal stocks subject to a multiannual plan which are retained on board a Union fishing vessel of 12 metres in length overall or more, and which are not below the minimum conservation reference size, shall be placed in boxes, compartments or containers separately for each of such stocks in such a way that they are identifiable from other boxes, compartments or containers. 2. Masters of Union fishing vessels shall keep the catches referred to in paragraph 1 according to a stowage plan that indicates the location of the different species in the holds. 3. It shall be prohibited to retain on board a Union fishing vessel in any box, compartment or container any quantity of catches referred to in paragraph 1 mixed with any other fishery products. 4. The Commission is empowered to adopt delegated acts in accordance with Article 119a concerning the exemption of certain demersal stocks from the obligation set out in this Article.’. |
| (46) | Articles 45 and 46 are deleted. |
| (47) | Article 48 is amended as follows:
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| (48) | Article 49 is amended as follows:
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| (49) | Article 50 is replaced by the following: ‘Article 50 Control of fishing restricted areas 1. Fishing activities in fishing restricted areas located in Union waters shall be controlled by the coastal Member State. The coastal Member State shall have a system to detect and record the fishing vessels’ entry into, transit through and exit from fishing restricted areas under its sovereignty or jurisdiction. 2. Fishing activities of Union fishing vessels in fishing restricted areas located in third-country waters or on the high seas shall be controlled by the flag Member States. 3. Union and third-country catching vessels that are not authorised to conduct fishing activities in fishing restricted areas may only transit through such areas subject to the following conditions:
4. Paragraph 3 shall apply only insofar as the relevant restriction or prohibition of all or certain fishing activities in fishing restricted areas are in force.’. |
| (50) | The following chapter is inserted after Article 54c: ‘ Chapter Iva Control of fishing without a vessel Article 54d Fishing without a vessel 1. Member States shall ensure that fishing without a vessel on their territory and in Union waters is conducted in accordance with the objectives and rules of the common fisheries policy. 2. For the purpose referred to in paragraph 1, Member States shall:
3. Natural or legal persons conducting fishing without a vessel or their representative shall record the catches referred to in paragraph 2, point (b), and those records shall contain in particular the following information:
4. The records referred to in paragraph 2, point (b), shall be submitted to the competent authorities by electronic means at least once within 24 hours after the start of the fishing activity. 5. The Commission may, by means of implementing acts, lay down detailed rules on the weighing of catches, as well as the format and submission of the catch declaration referred to in paragraph 3, taking into account, if necessary, the specificities of those fisheries. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).’. |
| (51) | Article 55 is replaced by the following: ‘Article 55 Recreational fisheries 1. Member States shall ensure that recreational fisheries on their territory and in Union waters are conducted in a manner compatible with the objectives and rules of the common fisheries policy. For that purpose coastal Member States shall have in place an electronic system for the recording and reporting of catches from recreational fisheries. Coastal Member States may use an electronic system referred to in the second subparagraph developed at national or Union level. If one or more coastal Member States so request by 10 May 2024, the Commission shall develop such a system. A requesting Member State shall implement the system as developed by the Commission. 2. Except for data for recreational fisheries recorded and reported pursuant to paragraph 3 and without prejudice to the collection of data for recreational fisheries under Regulation (EU) 2017/1004, coastal Member States shall collect data on catches by natural persons engaged in recreational fisheries for species, stocks or groups of stocks for which fishing opportunities are set by the Union, which are covered by a multiannual plan, or which are subject to the landing obligation. Those data shall be collected through data collection mechanisms based on a methodology, which shall be determined by each coastal Member State and notified to the Commission. Coastal Member States shall send those data to the Commission at least once a year referring to the preceding calendar year. 3. Coastal Member States shall ensure that natural persons engaged in recreational fisheries are registered and that they record and report their catches through an electronic system referred to paragraph 1 as follows:
The Commission may, by way of implementing acts, adopt the list of species, stocks or groups of stocks to which point (b) of the first subparagraph applies and to set the frequency of recording and reporting of these catches. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2). 4. The recording and reporting of catches from recreational fisheries by natural persons may be carried out by a legal person on their behalf. 5. The marketing or sale of catches from recreational fisheries shall be prohibited. 6. The Commission may, by way of implementing acts, adopt detailed rules concerning:
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2). 7. This Article shall apply to any recreational fishing activities, including fishing activities organised by commercial entities in the tourism sector and in the sector of sports competition.’. |
| (52) | The heading of Title V is replaced by the following: ‘ TITLE V CONTROL IN THE SUPPLY CHAIN ’. |
| (53) | In Title V, Chapter I is replaced by the following: ‘ Chapter I General provisions Article 56 Principles for the control of marketing 1. Each Member State shall be responsible for controlling on its territory the application of the rules of the common fisheries policy at all stages of marketing of fishery and aquaculture products, from their placing on the market to the retail sale, including transport. Member States shall, in particular, take measures to ensure that the use of fishery products below the applicable minimum conservation reference size that are subject to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013 is restricted to purposes other than direct human consumption, except where other rules of the common fisheries policy provide otherwise. 2. Where a minimum size has been fixed for a given species in Union legislation, operators responsible for purchasing, selling, stocking or transporting shall be able to prove the relevant geographical area of origin of the products. Article 56a Composition of lots of certain fishery and aquaculture products 1. Fishery and aquaculture products from catching or harvesting shall be put into lots prior to placing on the market. 2. A lot of fishery products or a lot of aquaculture products falling under Chapter 3 of the Combined Nomenclature established by Council Regulation (EEC) No 2658/87 (*10) (the “Combined Nomenclature”) shall contain only:
3. By way of derogation from paragraph 2, prior to the placing on the market, quantities of fishery products falling under Chapter 3 of the Combined Nomenclature totalling less than 30 kg of several species and coming from the same relevant geographical area and of the same product presentation, per catching vessel and per day, may be put into the same lot. 4. By way of derogation from paragraph 2, prior to the placing on the market, quantities of fishery products falling under Chapter 3 of the Combined Nomenclature of several species, consisting of individuals below the applicable minimum conservation reference size and coming from the same relevant geographical area and the same catching vessel, or group of catching vessels, may be put into lots for purposes other than direct human consumption. 5. After the placing on the market, a lot of fishery or aquaculture products falling under Chapter 3 of the Combined Nomenclature may only be merged with another lot or split, if the lot created by merging or the lots created by splitting meet the following conditions:
6. This Article shall not apply to ornamental fish, ornamental crustaceans, ornamental molluscs or ornamental algae. Article 57 Common marketing standards 1. Member States shall ensure that products to which common marketing standards apply are made available on the market in compliance with those standards. Member States shall undertake checks to ensure such compliance. Such checks may take place at all stages in the supply chain, including transport and catering. 2. Operators at all stages of the supply chain responsible for purchasing, selling, stocking or transporting lots of fishery and aquaculture products shall be able to prove that the products comply, where applicable, with the common marketing standards. Article 58 Traceability 1. Without prejudice to traceability requirements set out in Regulation (EC) No 178/2002 of the European Parliament and of the Council (*11), fishery and aquaculture products shall be put into lots by operators and shall be traceable at all stages of production, processing and distribution, from catching or harvesting to retail stage. 2. Lots of fishery or aquaculture products made available on the market or likely to be made available on the market shall be adequately marked to ensure the traceability of each lot. 3. Member States shall check that operators have in place systems and procedures to identify any operator from whom they have been supplied with lots of fishery and aquaculture products and to whom those products have been supplied. That information shall be made available to the competent authorities on demand. 4. Lots of fishery or aquaculture products falling under Chapter 3, Headings 1604 and 1605 of Chapter 16, and subheading 1212 21 of Chapter 12 of the Combined Nomenclature shall be accompanied by a minimum set of information in accordance with paragraphs 5, 10 and 11 of this Article respectively. 5. For lots of fishery or aquaculture products falling under Chapter 3 of the Combined Nomenclature, at least the following information shall be made available:
6. Operators at all stages of production, processing and distribution, from catching or harvesting to retail stage, shall ensure that in respect of each lot of fishery or aquaculture products falling under Chapter 3 of the Combined Nomenclature, the information listed in paragraph 5:
7. Member States shall cooperate with each other to ensure that the information referred to in paragraph 5 can be accessed by the competent authorities of a Member State other than the one where the fishery or aquaculture products have been put into lots or into which they have been imported, in particular when the information is provided by way of an identification tool such as a code, barcode, electronic chip or a similar device or marking system. 8. Member States may exempt from the requirements set out in this Article small quantities of fishery products which are sold directly to consumers from catching vessels, from operators fishing without a vessel, or from freshwater fisheries operators, provided that the products are used only for private consumption and that those quantities do not exceed 10 kg of fishery products per consumer per day. For salmon (Salmo salar) caught in the Baltic Sea, the threshold shall be two individuals per consumer per day. Member States may exempt from the requirements set out in this Article small quantities of aquaculture products that are sold directly to consumers from an aquaculture production unit, provided that the products are used only for private consumption and that those quantities do not exceed 10 kg of aquaculture products per consumer per day. 9. The Commission shall conduct a study on feasible traceability systems and procedures, including minimum traceability information, for fishery and aquaculture products falling under headings 1604 and 1605 of Chapter 16 of the Combined Nomenclature, with a view to defining detailed rules for such products. The study shall include an analysis of available digital solutions or methods which meet the requirements on traceability in this Regulation, while taking into account the impact on small operators. 10. The Commission shall adopt delegated acts in accordance with Article 119a supplementing this Regulation concerning the traceability requirements for lots of fishery or aquaculture products falling under headings 1604 and 1605 of Chapter 16 of the Combined Nomenclature, including the use of digital systems, on the basis of the results of the study conducted in accordance with paragraph 9 of this Article. Those requirements shall apply from 10 January 2029. 11. The Commission shall adopt delegated acts in accordance with Article 119a supplementing this Regulation concerning the traceability requirements for lots and composition of lots of fishery and aquaculture products falling under subheading 1212 21 of Chapter 12 of the Combined nomenclature, including the use of digital systems. Those requirements shall apply from 10 January 2029. 12. The Commission is empowered to adopt delegated acts in accordance with Article 119a concerning:
13. This Article shall not apply to ornamental fish, ornamental crustaceans, ornamental molluscs or ornamental algae. (*10) Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1)." (*11) Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).’." |
| (54) | In Article 59, paragraphs 2 and 3 are replaced by the following: ‘2. The buyer of the fishery products at first sale shall be registered with the competent authorities of the Member State where the first sale takes place. For the purposes of registration, each buyer shall be identified according to its VAT number, tax identification number or other unique identifier in national databases. 3. This Article shall not apply to consumers acquiring fishery products which are not thereafter placed on the market but used only for private consumption, provided that those quantities do not exceed 10 kg of fishery products per consumer per day. For salmon (Salmo salar) caught in the Baltic Sea, that threshold shall be two individuals per consumer per day.’. |
| (55) | Article 60 is replaced by the following: ‘Article 60 Weighing of fishery products 1. Member States shall ensure that all quantities of fishery products are weighed per species immediately after landing in a Member State, by operators referred to in paragraph 5 and on weighing systems approved by the competent authorities, prior to those products being held in storage, transported or placed on the market. Masters of third-country fishing vessels landing fishery products in the Union shall comply with rules governing weighing applicable to masters of Union fishing vessels. 2. In the case of landings outside the Union and without prejudice to applicable specific provisions set out, in particular, in sustainable fisheries partnership agreements or in the law of third countries concerned, masters of Union fishing vessels or their representatives shall ensure that all quantities of fishery products are weighed, where possible, immediately after landing and prior to those products being held in storage, transported or placed on the market. 3. By way of derogation from paragraph 1 and subject to approval by the Commission by means of implementing acts, Member States in which the fishery products are landed may allow those products to be weighed on weighing systems approved by the competent authorities:
4. Masters shall ensure that all quantities of fishery products landed are weighed by an operator referred to in paragraph 5. 5. The weighing shall be carried out by an operator, who shall be a registered buyer, a registered auction, a producer organisation or any other natural or legal person, including the master, authorised by the competent authorities to carry out weighing activities. The operator carrying out the weighing shall be responsible for the accuracy of the weighing. Operators weighing fishery products shall complete a weighing record for each landing. They shall keep weighing records for a period of three years. 6. Member States shall ensure that the operators referred to in paragraph 5 are adequately equipped to carry out weighing activities. 7. The weighing records shall be immediately transmitted to the master and, where applicable, to the transporter. They shall be used for the completion of the landing declaration and, where applicable, of the transport document. By way of derogation from the first subparagraph of this paragraph, in the case of fishery products weighed by an official in accordance with paragraph 9, the result of such weighing shall be used for the completion of the landing declaration and, where applicable, of the transport document. 8. Member States may require the operators referred to in paragraph 5 to submit the weighing records at regular intervals, or upon request, to their competent authorities. 9. The competent authorities of a Member State may require that any quantity of fishery products landed in that Member State is weighed by, or weighed in the presence of, their officials before being transported elsewhere from the place of landing. 10. The Commission may, by means of implementing acts, adopt sampling plans, control plans and common control programmes referred to in paragraph 3, points (a), (b), (c) and (d), of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).’. |
| (56) | The following article is inserted: ‘Article 60a Detailed rules on weighing 1. The Commission may, by means of implementing acts, adopt rules on:
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2). 2. The Commission is empowered to adopt delegated acts in accordance with Article 119a supplementing this Regulation by laying down special rules for the weighing of certain pelagic species. Those rules may concern:
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| (57) | Article 61 is deleted. |
| (58) | Article 62 is replaced by the following: ‘Article 62 Completion and submission of sales notes 1. Registered buyers, registered auctions or producer organisations authorised by Member States shall record by electronic means the information referred to in Article 64(1) and shall submit by electronic means, within 48 hours after the first sale, a sales note containing such information to the competent authorities of the Member State in whose territory the first sale takes place. The accuracy of the sales note shall be the responsibility of those buyers, auctions or producer organisations. 2. Where the Member State in whose territory the first sale takes place is not the flag Member State of the concerned catching vessel, it shall ensure that a copy of the sales note, upon receipt thereof, is submitted by electronic means to the competent authorities of the flag Member State. 3. Where the first sale of fishery products does not take place in the Member State where the products have been landed, the Member State in whose territory the first sale takes place shall ensure that a copy of the sales note, upon receipt thereof, is submitted by electronic means to the competent authorities of the Member States where the products concerned have been landed. 4. Where the first sale takes place outside the Union, the master of the Union catching vessel, or a representative of the master, shall forward by electronic means a copy of the sales note, or any other equivalent document containing the same level of information, to the competent authority of the flag Member State within 48 hours after the first sale. 5. Where a sales note does not correspond to the invoice or to a document replacing it, as referred to in Articles 218 and 219 of Council Directive 2006/112/EC (*12), the Member State concerned shall adopt the necessary provisions to ensure that the information on the quantities and on the price, excluding tax for deliveries of goods to the purchaser, is identical to that indicated on the invoice. 6. The Commission may, by means of implementing acts, lay down detailed rules on:
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2). (*12) Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ L 347, 11.12.2006, p. 1.’." |
| (59) | Article 63 is deleted. |
| (60) | Articles 64, 65 and 66 are replaced by the following: ‘Article 64 Content of the sales notes 1. The sales notes referred to in Article 62 shall have a unique identification number and contain the following data:
2. By way of derogation from paragraph 1, in the case of fishing without a vessel, the sales note shall contain at least the following information:
Article 65 Exemptions from sales notes requirements Articles 62 and 64 shall not apply to a consumer acquiring fishery products not exceeding 10 kg per day which are not thereafter sold but used only for private consumption. For salmon (Salmo salar) caught in the Baltic Sea, that threshold shall be two individuals per consumer per day. Article 66 Completion and submission of the take-over declaration 1. Where fishery products are intended for sale at a later stage, operators which are responsible for the storage of fishery products landed in a Member State shall record by electronic means the information referred to in paragraph 4 and shall submit by electronic means, within 24 hours after landing, a take-over declaration containing such information to the competent authorities of the Member State in whose territory the take-over takes place. Those operators shall be responsible for the accuracy of the take-over declaration. 2. Where the Member State in whose territory the take-over takes place is not the flag Member State of the fishing vessel that landed the fish, it shall ensure that a copy of the take-over declaration, upon receipt thereof, is submitted by electronic means to the competent authorities of the flag Member State. 3. Where the take-over takes place outside the Union, the master of the Union fishing vessel, or a representative of the master, shall forward by electronic means a copy of the take-over declaration or any other equivalent document containing the same level of information to the competent authority of the flag Member State within 48 hours after the take-over. 4. The take-over declaration referred to in paragraph 1 shall have a unique identification number and contain at least the following information:
5. By way of derogation from paragraph 4, in the case of fishing without a vessel, the take-over declaration shall contain at least the following information:
6. The Commission may, by means of implementing acts, lay down detailed rules on the format and submission of the take-over declaration. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).’. |
| (61) | Article 67 is deleted. |
| (62) | Article 68 is replaced by the following: ‘Article 68 Transport of fishery products and completion and submission of the transport document 1. Where fishery products are transported before their first sale, including in the cases referred to in points (c) and (d) of Article 60(3), or before their first sale in a third country, they shall be accompanied by a transport document indicating the fishery products and quantities transported. 2. Before the transportation referred to in paragraph 1 begins, the transporter shall submit by electronic means the transport document to the competent authorities of the flag Member State, the Member State of landing, the Member State(s) of transit and the Member State of destination of the fishery products, as appropriate. 3. The transporter shall be responsible for the accuracy of the transport document. 4. The transport document referred to in paragraph 1 shall have a unique identification number and shall contain at least the following information:
5. By way of derogation from paragraph 4, in the case of fishing without a vessel, the transport document shall contain at least the following information:
6. The competent authorities of Member States may grant exemptions from the obligation set out in paragraphs 1 and 2 if the fishery products are transported within a port area or not more than 25 km from the place of landing. 7. Where fishery products that have been declared as sold in a sales note are transported to a location other than the place of landing, the transporter shall be able to prove that a sales transaction has taken place. 8. Member States may provide that the obligations and responsibilities of a transporter under paragraphs 2, 3 and 7 shall apply to any other operator. 9. The transport document referred to in paragraph 1 of this Article may be replaced by a copy of the landing declaration referred to in Article 23 or any equivalent document pertaining to the quantities of fishery products being transported, provided that the document replacing the transport document contains the same information provided for in paragraph 4 or 5 of this Article, as applicable. 10. The Commission may, by means of implementing acts, lay down detailed rules on the format and submission of the transport document. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).’. |
| (63) | Chapter III of Title V is deleted. |
| (64) | Article 71 is amended as follows:
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| (65) | Article 73 is amended as follows:
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| (66) | In Title VII, Chapter I is replaced by the following: ‘ Chapter I General provisions Article 74 Conduct of inspections 1. Member States shall set up and keep up to date a list of officials responsible for carrying out inspections. 2. Officials shall carry out their duties in accordance with Union law. They shall prepare and conduct inspections in a non-discriminatory manner at sea, along the shoreline, in ports and at landing sites, during transport, on processing premises and along the supply chain of the fishery products. 3. Officials shall verify compliance of the activities carried out by the operators and the masters with the rules of the common fisheries policy, and in particular:
4. Officials may examine all relevant areas, decks and rooms. They may also examine catches, whether processed or not, any fishing gear, equipment, containers and packages containing fish or fishery products and any relevant documents or electronic transmissions which they deem necessary to verify compliance with the rules of the common fisheries policy. They may question persons deemed to have information on the matter that is the subject of the inspection. 5. Officials shall receive the training necessary to perform their tasks. 6. Officials shall conduct inspections in such manner as to cause the least disturbance or inconvenience to the vessel or transport vehicle and its activities, and to the storing, processing and marketing of the catch. They shall, as far as possible, prevent any degradation of the catch during the inspection. 7. The competent authorities of the Member States shall have procedures in place to ensure that any complaint regarding the conduct of inspections is properly investigated. 8. If an official carrying out an inspection has reason to believe that a fishing vessel is engaged in fishing activities with the use of forced labour, as defined in Article 2 of the International Labour Organization (ILO) Convention No 29 on Forced Labour, that official shall notify any other relevant authorities of that Member State. 9. Coastal Member States may, subject to appropriate arrangements with the flag Member State, invite officials of the competent authorities of that Member State to participate in inspections of fishing vessels flying the flag of that Member State, whilst those vessels are operating in waters of the coastal Member State or landing in its ports or at its landing sites. 10. Member States shall adopt a risk-based approach for the selection of targets for inspection. For fisheries subject to specific control and inspection programmes referred to in Article 95, that approach shall be established in accordance with the harmonised methodology established by the Member States in cooperation with EFCA. 11. The Commission is empowered to adopt delegated acts in accordance with Article 119a supplementing this Regulation by laying down specific rules on the conduct of inspections. Those rules may concern:
Article 75 Duties of the operator and the master 1. The operator and the master shall assist and cooperate with officials in the performance of their duties relating to inspections. They shall facilitate the safe access to the vessel, including its holds, transport vehicles, containers or storage rooms where fishery products are stored, processed or marketed, or facilities where fishing gear is stored or repaired. They shall ensure the safety of the officials and shall not obstruct, intimidate or interfere with the officials in the performance of their duties. 2. The Commission is empowered to adopt delegated acts in accordance with Article 119a supplementing this Regulation by laying down rules on the duties of operators and masters relating to inspections. Article 76 Inspection report 1. Officials shall draw up an inspection report after each inspection and shall forward it to their competent authorities. Data contained in this report shall be recorded and transmitted by electronic means. In the case of an inspection of a fishing vessel flying the flag of another Member State, a copy of the inspection report shall be sent by electronic means and without delay to the flag Member State. In the case of an inspection of a fishing vessel flying the flag of a third country, a copy of the inspection report shall be sent by electronic means and without delay to the competent authorities of the third country concerned. In the case where a serious infringement is detected, a copy of the inspection report shall also be sent to the Commission. In the case of an inspection carried out in the waters or ports under the jurisdiction of a Member State other than the inspecting Member State, in accordance with this Regulation, or in the waters or ports of a third country in accordance with international agreements, a copy of the inspection report shall be sent by electronic means and without delay to that Member State or that third country. 2. Officials shall communicate their findings from the inspection to the operator or to the master, who shall have the possibility to comment on the inspection and its findings. Those comments shall be reflected in the inspection report. Officials shall indicate in the fishing logbook that an inspection has been made. 3. A copy of the inspection report shall be sent as soon as possible to the operator or to the master, and in any case no later than 15 working days after the completion of the inspection. 4. The Commission may, by means of implementing acts, lay down detailed rules on the minimum format and content of inspection reports, on the completion and transmission of inspection reports. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2). Article 77 Admissibility of inspection and surveillance reports Inspection and surveillance reports drawn up by Union inspectors or officials of another Member State or Commission officials or competent authorities from a third country shall constitute admissible evidence in administrative or judicial proceedings of any Member State. For establishing facts, inspection and surveillance reports drawn up by Union inspectors or officials of another Member State or Commission officials shall be treated as equivalent to inspection and surveillance reports of the Member States. Article 78 Electronic database 1. Each Member State shall set up and keep up-to-date an electronic database where it uploads all inspection reports and surveillance reports concerning operators established in its territory and fishing vessels flying its flag, drawn up by its officials, as well as other inspection reports and surveillance reports drawn up by its officials. The Commission and EFCA shall have remote access to the Member State databases, in accordance with Article 110. 2. Each Member State shall store, in an electronic format, inspection reports and surveillance reports concerning fishing vessels flying its flag drawn up by officials of third countries. 3. The Commission may, by means of implementing acts, lay down detailed rules concerning the operation of the electronic database. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2). Article 79 Union inspectors 1. Member States and Commission shall notify a list of officials to EFCA to be included in the list of Union inspectors. EFCA shall keep and update the list of Union inspectors, including officials of Member States, Commission officials and officials of EFCA. EFCA shall make that list available to the Commission and to the Member States. 2. Without prejudice to the primary responsibility of coastal Member States, Union inspectors may carry out inspections in accordance with this Regulation on the territory of Member States and in Union waters, and on Union fishing vessels outside Union waters. In the case of an inspection on the territory of a Member State, Union inspectors not appointed by that Member State may only carry out such inspections in the presence of an official appointed by that Member State in charge of the inspection, or with the agreement of that Member State. 3. Union inspectors may be assigned for:
4. Union inspectors may assist in training activities related to control and inspection, including training activities involving third-country officials. 5. For the accomplishment of their tasks and subject to paragraph 6, Union inspectors shall, to the same extent and under the same conditions as officials of the Member State in which the inspection takes place, have access without delay to:
6. Union inspectors shall have no police and enforcement powers beyond the territory of their Member State of origin, or outside the Union waters under the sovereignty and jurisdiction of their Member State of origin. 7. When assigned as Union inspectors, officials of the Commission or of EFCA shall have no police and enforcement powers. 8. The Commission shall, by means of implementing acts, lay down detailed rules concerning:
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).’. |
| (67) | In Article 80, paragraph 4 is replaced as follows: ‘4. A Member State may inspect Union fishing vessels flying its own flag or the flag of another Member State in waters or ports of third countries in accordance with international agreements.’. |
| (68) | In Title VII, the heading of Chapter III is replaced by the following: ‘ Procedures in the event of an infringement ’. |
| (69) | Article 82 is replaced by the following: ‘Article 82 Duties of officials in the event of an infringement 1. If the information collected during an inspection or any other relevant data or information leads the official to believe that an infringement of the rules of the common fisheries policy has been committed, the official shall:
2. Officials may remain on board a fishing vessel until the necessary steps have been taken in relation to the investigation as referred to in Article 85. The same shall apply, mutatis mutandis, to inspections carried out on any premises where fishery or aquaculture products are landed, stored, processed or marketed, as well as to inspections during the transport of those products. Where the inspection is carried out in respect of a vehicle used for transporting fishery or aquaculture products, the vehicle shall not be authorised to continue until the necessary steps have been taken in relation to the investigation as referred to in Article 85.’. |
| (70) | Article 84 is deleted. |
| (71) | In title VII, the following words are deleted: ‘ Chapter IV Proceedings of infringements detected in the course of inspections ’. |
| (72) | Articles 85 and 86 are replaced by the following: ‘Article 85 Proceedings 1. Without prejudice to Article 72, Article 83(2) and Article 86, the competent authorities of the Member States shall take appropriate measures in accordance with Title VIII and immediately proceed with the investigation where any infringement is detected in the course of an inspection carried out by their officials, officials of other Member States, Union inspectors or officials of third countries, or where any relevant data or information leads the competent authorities of Member States to believe that an infringement of the rules of the common fisheries policy has been committed. 2. In the case of a serious infringement, Member States shall take appropriate immediate measures in accordance with Article 91. Article 86 Transfer of proceedings 1. The Member State in the territory or waters of which an infringement has been detected may transfer proceedings relating to that infringement to the competent authorities of the flag Member State or the Member State of which the person suspected of having committed an infringement is a national, in agreement with the Member State concerned and on the condition that the transfer is more likely to achieve the result referred to in Article 89a(2). 2. The flag Member State may transfer proceedings relating to an infringement to the competent authorities of the Member State which has detected that infringement, in agreement with the Member State concerned and on the condition that the transfer is more likely to achieve the result referred to in Article 89a(2).’. |
| (73) | Article 87 is deleted. |
| (74) | Article 88 is replaced by the following: ‘Article 88 Corrective measures in the absence of proceedings by the Member State of landing or transhipment 1. If the Member State of landing or transhipment is not the flag Member State and its competent authorities do not take appropriate measures against the natural or legal persons responsible, or do not transfer proceedings in accordance with Article 86, the quantities of fish caught, discarded, landed or transhipped in breach of the rules of the common fisheries policy may be counted against the quota allocated to the Member State of landing or transhipment. 2. The Commission shall, by means of implementing acts, decide on the quantities of fish to be counted against the quota of the Member State of landing or transhipment after the Commission has consulted the Member States concerned. 3. If the Member State of landing or transhipment no longer has a corresponding quota at its disposal, Article 37 shall apply. To that end the quantities of fish caught, discarded, landed, or transhipped in breach of the rules of the common fisheries policy shall be deemed equivalent to the amount of the prejudice suffered, as referred to in that Article, by the flag Member State.’. |
| (75) | Title VIII is replaced by the following: ‘ TITLE VIII ENFORCEMENT Article 89 Measures and sanctions to ensure compliance 1. In conformity with their national law and with the provisions of this Regulation, Member States shall lay down rules on measures and sanctions against the natural person having committed or a legal person held liable for a breach of the rules of the common fisheries policy, and shall systematically:
2. The competent authorities of the Member State having jurisdiction in the event of an infringement shall, without delay and in compliance with their national law, notify the flag Member State, the Member State of which the offender is a national, or any other Member State relevant for the administrative or criminal proceedings, of such proceedings or other measures taken under this Title. 3. Member States shall, by 10 April 2026, notify national provisions referred to in paragraph 1 to the Commission and shall notify it without delay of any subsequent amendment thereof. Article 89a Sanctions 1. Member States shall ensure that a natural person having committed, or a legal person held liable for, infringements of the rules of common fisheries policy is subject to effective, proportionate and dissuasive administrative sanctions. Member States may also, or alternatively, use effective, proportionate and dissuasive criminal sanctions. 2. Member States shall ensure that the overall level of sanctions and accompanying sanctions applied in accordance with this Regulation and the relevant provisions of national law is proportionate to the seriousness of infringements and adequate in severity to effectively discourage further infringements and deprive those responsible of the economic benefit derived or expected from the infringement, without prejudice to the legitimate right to exercise their profession. For that purpose, account shall be taken of immediate enforcement measures taken pursuant to Article 91. 3. When determining these sanctions the Member States shall take into account, in particular, the gravity, nature and extent of the infringement, including the prejudice or the level of the damage to the fishing resources and the marine environment concerned, its duration or repetition, and the accumulation of simultaneous infringements. Member States may also take into account the economic situation of the offender to ensure the dissuasiveness of these sanctions. 4. Member States may apply a system whereby a financial penalty is proportionate to the turnover of the legal person, or to the economic benefit derived or expected from the infringement. Article 90 Serious infringements 1. For the purposes of this Regulation, ‘serious infringement’ means an infringement listed in paragraph 2 or considered serious pursuant to paragraph 3. 2. Any of the following activities shall constitute a serious infringement:
3. The following activities shall constitute a serious infringement where the competent authority of the Member State concerned determines that at least one of the criteria defined in Annex IV is met:
4. The Commission is empowered to adopt delegated acts in accordance with Article 119a to amend the criteria set out in Annex IV where there are clear indications that this is necessary to ensure effective and proportionate enforcement of the rules of the common fisheries policy by and across Member States. It shall take into account, in particular, advice of the expert group on compliance referred to in Article 37 of Regulation (EU) No 1380/2013 or the findings of the report drawn up by the Commission under Article 118(2) of this Regulation. Any such amendments shall not add any new criteria and shall repeal criteria only in exceptional cases. Article 91 Immediate enforcement measures for serious infringements 1. Where any relevant data or information leads competent authorities of Member States to believe that a natural person has committed or a legal person is liable for a serious infringement, or where a natural person is caught in the act of committing a serious infringement, Member States shall immediately, in addition to the investigation of the infringement in accordance with the provisions of Article 85, in conformity with their national law, take relevant and immediate measures such as:
2. The immediate measures referred to in paragraph 1 shall be of such nature as to prevent the continuation of the detected serious infringement concerned, to enable all the necessary action to be taken for ensuring safekeeping of the evidence pertaining to such infringement and to allow the competent authorities to complete their investigation. 3. The Member State concerned shall immediately, and in conformity with its national law, notify the flag State of the measures referred to in paragraph 1. Article 91a Sanctions for serious infringements 1. Without prejudice to other sanctions applied in accordance with this Regulation and national law, Member States shall ensure that a serious infringement which has led to obtaining fishery or aquaculture products shall be punishable by administrative financial penalties, the minimum of which shall be at least the value of the fishery or aquaculture products obtained as a result of committing the serious infringement, and the maximum of which shall be at least five times the value of the fishery or aquaculture products obtained as a result of committing the serious infringement. 2. In the case of a repeated serious infringement within a three-year period which has led to obtaining fishery or aquaculture products, Member States shall ensure that the serious infringement is punishable by administrative financial penalties, the minimum of which shall be at least twice the value of the fishery or aquaculture products obtained as a result of committing the serious infringement, and the maximum of which shall be at least eight times the value of the fishery or aquaculture products obtained as a result of committing the serious infringement. 3. Notwithstanding paragraphs 1 and 2, Member States may in their national legal system establish standard rates for administrative financial penalties instead of minimum administrative penalties. The minimum standard rates shall not be lower than the average value of fishery or aquaculture products obtained as a result of committing a serious infringement. In the event of a repeated serious infringement as referred to in paragraph 2, the minimum standard rates shall not be lower than twice that average value. Member States establishing such standard rates may allow courts or competent authorities to deviate from those standard rates where necessary for the sanctions to be effective, proportionate and dissuasive, and to impose administrative financial penalties up to a maximum which shall be at least five times the value of the fishery or aquaculture products obtained as a result of committing the serious infringement, or, in the case of a repeated serious infringement as referred to in paragraph 2, at least eight times that value. 4. The minimum level or the standard rate of administrative financial penalties established in paragraphs 1, 2 and 3, is without prejudice to the application of any rules concerning mitigating circumstances and other factors, provided for under national law, when deciding on the sanctions to be applied in each individual case. 5. When calculating the value of the fishery or aquaculture products obtained as a result of committing the serious infringement, Member States shall consider national prices at first sale, prices identified on principal international markets relevant for the species and fishing area concerned or the prices of the European Market Observatory for Fisheries and Aquaculture Products (EUMOFA) platform, at the time when the infringement was committed. 6. Where the serious infringement did not lead to obtaining fishery or aquaculture products, the administrative financial penalties shall be determined by the Member States in accordance with Article 89a, at a level ensuring that these are effective, proportionate and dissuasive. 7. Member States may also, or alternatively, use effective, proportionate and dissuasive criminal sanctions while ensuring that those sanctions have an equivalent effect to the administrative financial penalties referred to in this Article. Article 91b Accompanying sanctions 1. The sanctions provided for in Articles 89, 89a and 91a may be accompanied by other sanctions, in particular:
2. Member States shall determine, in accordance with their national law, the duration of the sanctions referred to in paragraph 1. 3. When a vessel is subject to immobilisation under of paragraph 1, point (a), decided by its flag Member State or has its fishing authorisation suspended or withdrawn in accordance with paragraph 1, point (c), the flag Member State shall suspend its fishing licence for the same duration or withdraw it. Article 92 Point system for serious infringements 1. Member States shall apply a point system for serious infringements referred to in Article 90, except for serious infringements which are not applicable to the holder of the fishing licence or the master. 2. When a natural person has committed, or a legal person is held liable for, a serious infringement, a number of points calculated in accordance with Annex III shall be assigned to the holder of the fishing licence for the fishing vessel concerned. 3. The points assigned shall be transferred to any future holder of the fishing licence for the catching vessel concerned where the vessel or the licence is sold, transferred or otherwise changes ownership after the date of the infringement, including to another Member State. 4. Member States shall also establish a point system under which the master of a vessel is assigned the same number of points as the holder of the fishing licence as a result of a serious infringement related to the vessel and committed during the period of his or her command, in accordance with Annex III. Where the master of the vessel is not a national of the flag Member State, the flag Member State shall notify the number of points assigned to the master to the Member State of which the master is a national, or, in the case of nationals of third countries, to any State concerned. 5. When two or more serious infringements by the same natural or legal person holding the fishing licence or by the master are detected in the course of one inspection, points in respect of each serious infringement concerned shall be assigned in accordance with paragraph 2, up to a maximum of 12 points for all those infringements. 6. When the total number of points equals or exceeds 18 points, the fishing licence and/or the right to command a fishing vessel as a master shall be automatically suspended for a period of at least two months. That period shall be: four months if the suspension occurs a second time and the points equals or exceeds 36 points; eight months if the suspension occurs a third time and the number of points equals or exceeds 54 points; and one year if the suspension occurs a fourth time and the number of points equals or exceeds 72 points. In the event that the suspension occurs a fifth time and the number of points equals or exceeds 90 points, the fishing licence and the right to command a fishing vessel as a master shall be withdrawn, and the fishing vessel shall not be used for commercial exploitation of marine biological resources. 7. Member States shall ensure that a natural person for which the suspension or withdrawal of the right to command a fishing vessel has been triggered pursuant to paragraph 6 is not allowed to operate as a master on board a fishing vessel flying their flag. In the event of the suspension of the right to command, this paragraph shall apply only for the period of the suspension. 8. If the holder of a fishing licence or the master does not commit a serious infringement within three years from the date of committing the last serious confirmed infringement, all points shall be deleted. 9. When a Member State other than the flag Member State has confirmed, under its national law, that a serious infringement has been committed within its jurisdiction, it shall notify it to the flag Member State in order for the latter to determine and to assign the number of points in accordance with Annex III. 10. Member States shall designate the competent national authorities responsible for setting up the system for the assignment of points for serious infringements, assigning the appropriate number of points to the holder of a fishing licence and to the master and transferring the points in accordance with paragraph 3. 11. Member States shall ensure that the application of national proceedings does not render the point system ineffective. 12. The Commission is empowered to adopt delegated acts in accordance with Article 119a supplementing this Regulation by laying down rules on:
13. The Commission shall, by means of implementing acts, lay down detailed rules concerning:
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2). Article 92a Liability of legal persons 1. Legal persons shall be held liable for serious infringements where such infringements have been committed for their benefit by any natural person, acting either individually or as part of an organ of the legal person, and having a determining position within the legal person concerned based on any of the following:
2. A legal person may be held liable where the lack of supervision or control, by a natural person referred to in paragraph 1, has made possible the commission of a serious infringement for the benefit of that legal person by a natural person under its authority. 3. Liability of a legal person shall not exclude proceedings against natural persons who are perpetrators of, instigators of or accessories in the infringements concerned. Article 92b Obligation to notify a definitive ruling 1. The competent authorities of the Member State having jurisdiction in respect of an infringement shall, without delay and in compliance with the applicable procedures under national law, notify the flag State, the State of which the natural person having committed the infringement is a national or where the legal person held liable for the infringement is established, and, where appropriate, the coastal State, port State or the State in which the processing takes place, of any definitive ruling related to such infringement. In the event of serious infringements detected in Union waters or in Union ports in relation to fishing vessels flying the flag of third countries, the competent authorities of the Member State concerned shall also, without delay, notify the Commission of any definitive ruling related to such infringements. 2. In the event of a notification by the Member State referred to in paragraph 1, the flag Member State shall assign the appropriate number of points to the holder of the fishing licence and to the master of the fishing vessel concerned. Article 93 National register on infringements 1. Member States shall enter in a national register all confirmed infringements of the rules of the common fisheries policy committed by fishing vessels flying their flag or by their nationals, and by fishing vessels flying the flag of a third country or by nationals of a third country having committed infringements within the waters under their jurisdiction or on their territory, including all decisions and sanctions they incurred and the number of points assigned. Infringements by fishing vessels flying their flag or by their nationals subject to proceedings in other Member States shall also be entered by Member States in their national register on infringements, upon notification of the definitive ruling by the Member State having jurisdiction pursuant to Article 92b. 2. When following up an infringement of the rules of the common fisheries policy, a Member State may request other Member States to provide information contained in their national register on the fishing vessels and persons suspected by the requesting Member State of having committed the infringement in question or caught in the act of committing the infringement in question. 3. Where a Member State requests information from another Member State in relation to an infringement, that other Member State shall provide without delay the relevant information on the fishing vessels and natural or legal persons involved in the infringement. 4. The data contained in the national register of infringements shall be stored only for as long as necessary for the purposes of this Regulation, but in any case for a minimum of five calendar years, starting from the year following that in which the information is recorded. (*13) Regulation (EU) 2023/2053 of the European Parliament and of the Council of 13 September 2023 establishing a multiannual management plan for bluefin tuna in the eastern Atlantic and the Mediterranean, amending Regulations (EC) No 1936/2001, (EU) 2017/2107, and (EU) 2019/833 and repealing Regulation (EU) 2016/1627 (OJ L 238, 27.9.2023, p. 1)." (*14) Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p. 73)." (*15) Regulation (EU) 2016/1139 of the European Parliament and of the Council of 6 July 2016 establishing a multiannual plan for the stocks of cod, herring and sprat in the Baltic Sea and the fisheries exploiting those stocks, amending Council Regulation (EC) No 2187/2005 and repealing Council Regulation (EC) No 1098/2007 (OJ L 191, 15.7.2016, p. 1).’." |
| (76) | In Title IX, the following articles are inserted: ‘Article 93a National control programmes 1. Member States shall establish annual or multiannual national control programmes for the inspections and the control of the rules of the common fisheries policy. National control programmes shall be risk-based and shall be updated once a year, if necessary, in particular taking into account newly adopted conservation and control measures and any additional data. Member States shall notify their national control programmes to the Commission no later than three months from their establishment or update. 2. The Commission may, by means of implementing acts, lay down detailed rules on national control programmes and benchmarks for control and inspections taking into account the objectives of the common fisheries policy and technical progress and scientific developments. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2). Article 93b Member State annual report on control and inspections 1. By 30 June of each year, Member States shall submit to the Commission and publish on their website an annual report on control and inspections performed in the previous year. For that purpose, Member States may refer to information provided under the implementing act referred to in Article 95. 2. The report referred to in paragraph 1 shall contain the following information:
3. By 31 December of each year, the Commission shall make publicly available on its website a compilation of information from the reports referred to in paragraph 1, covering the previous year. The Commission may request EFCA to assist in the compilation of such information. 4. The Commission may, by means of implementing acts, lay down detailed rules on the format and submission of reports referred to in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).’. |
| (77) | In Article 95, paragraphs 1 and 2 are replaced by the following: ‘1. Certain fisheries may be made subject to specific control and inspection programmes. The Commission may, by means of implementing acts and in concert with the Member States concerned, determine which fisheries shall be subject to the specific control and inspection programmes, on the basis of the need for specific and coordinated control of the fisheries in question. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2). 2. The implementing acts adopted under paragraph 1 shall state the objectives, priorities and procedures as well as benchmarks for inspection activities. Such benchmarks shall be established based on risk management and revised periodically after an analysis has been made of the results achieved.’. |
| (78) | In Article 102, paragraphs 3 and 4 are replaced by the following: ‘3. The Member States concerned shall inform the Commission of the results of the inquiry and forward a report to the Commission drawn up not more than three months after the Commission’s request. That period may be extended by the Commission, by means of implementing acts, on a duly reasoned request from the Member State, for a reasonable delay. 4. If the administrative inquiry referred to in paragraph 2 does not lead to the removal of the irregularities or if the Commission identifies shortcomings in the control system of a Member State during the verifications or autonomous inspections referred to in Articles 98 and 99 or in the audit referred to in Article 100, the Commission shall, by means of implementing acts, establish an action plan with that Member State. The Member State shall take all necessary measures to implement that action plan.’. |
| (79) | Article 104 is amended as follows:
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| (80) | In Chapter III of Title XI, the heading is replaced by the following: ‘ Chapter III Deduction and adjustments of quotas and fishing effort ’. |
| (81) | Article 105 is amended as follows:
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| (82) | Article 106 is amended as follows:
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| (83) | Article 107 is amended as follows:
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| (84) | The following article is inserted: ‘Article 107a Adjustment of fishing opportunities in the event of a reduction of the Union share under international agreements Where overfishing by one or more Member States of a quota, allocation or share of a stock or a group of stocks available to the Union under an international agreement leads to a reduction of the Union share under that international agreement, the Council shall, when allocating the fishing opportunities for that stock or group of stocks under Article 43(3) TFEU and Article 16 of Regulation (EU) No 1380/2013 for the year for which that reduction is made, adjust the quotas of the Member States which have not overfished by increasing them to the quotas which those Member States would have received if the Union share under the international agreement had not been reduced. If such adjustment cannot be made in a given year due to an insufficient Union share, the remaining quantities shall be adjusted in the following year.’. |
| (85) | Article 109 is amended as follows:
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| (86) | Articles 110 and 111 are replaced by the following: ‘Article 110 Access to, storage and processing of data 1. Member States shall ensure the remote access at all time and without prior notice, for the Commission or the body designated by it, of the following data in a non-aggregated form:
2. The Commission or the body designated by it may process the data referred to in paragraph 1, in order to fulfil their duties under the rules of the common fisheries policy, in particular for carrying out inspections, verifications, audits and enquiries, or under the rules of agreements with third countries or international organisations. In addition, the Commission may use data referred in paragraph 1 for the development, production and dissemination of European statistics, in particular by Eurostat in accordance with Regulation (EC) No 223/2009 of the European Parliament and of the Council (*16) and according to its mission. 3. For the purpose of performing scientific research or provide scientific advice, data listed in paragraph 1, point (a)(i) to (iv), and data concerning catches, discards and landings listed in paragraph 1, point (b)(iii) and (v), may, where necessary, be provided to independent scientific bodies that are recognised at Union, national or international level. Before transferring such data, Member States shall consider whether the scientific research can be conducted on the basis of pseudonymised or anonymised data. In any advice or publication based on such data, those data shall be anonymised. 4. Member States shall establish, implement and host the relevant fisheries databases containing the data referred to in paragraph 1. 5. Member States shall upon a reasoned request by the Commission transmit data on infringements to the Commission or the body designated by it. The data shall include, in particular, the date of the infringement, the date of the definitive decision and the applied sanctions and measures, including assigned points. Article 111 Exchange of data 1. Each flag Member State shall ensure the direct electronic exchange of relevant information with other Member States concerned, in particular:
2. Each coastal Member State shall ensure the direct electronic exchange of relevant information with other Member States concerned and the Commission or the body designated by it, in particular by sending:
3. Each flag Member State shall ensure the direct electronic exchange of relevant information concerning vessels flying its flag to the Commission or the body designated by it, in particular:
(*16) Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics and repealing Regulation (EC, Euratom) No 1101/2008 of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities, Council Regulation (EC) No 322/97 on Community Statistics, and Council Decision 89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of the European Communities (OJ L 87, 31.3.2009, p. 164).’." |
| (87) | The following article is inserted: ‘Article 111a Uniform conditions for the implementation of provisions on data For the purpose of implementing provisions of this Chapter, the Commission may, by means of implementing acts, lay down detailed rules on:
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).’. |
| (88) | Article 112 is replaced by the following: ‘Article 112 Protection of personal data 1. Regulations (EU) 2016/679 (*17) and (EU) 2018/1725 (*18) of the European Parliament and of the Council as well as the national provisions transposing Directive (EU) 2016/680 of the European Parliament and of the Council (*19), apply to the processing of personal data carried out pursuant to this Regulation by Member States, the Commission and the body designated by it. 2. Personal data collected under this Regulation may only be processed for the following purposes, provided that those purposes cannot be fulfilled with data that do not permit identification of data subjects:
3. Personal data collected under this Regulation shall not be stored for a period longer than necessary for the purposes listed in paragraph 2, and in any event for no longer than five years from the date on which the Member State or the Commission obtains the relevant data. 4. By way of derogation from paragraph 3:
5. The authorities of the Member States shall be regarded as a controller as defined in Article 4, point (7), of Regulation (EU) 2016/679 in relation to the processing of personal data which they collect pursuant to this Regulation. 6. The Commission shall be regarded as a controller as defined in Article 3, point (8), of Regulation (EU) 2018/1725 in relation to the processing of personal data which it collects pursuant to this Regulation. 7. The Commission or the body designated by it and the authorities of the Member States shall ensure the security of the processing of personal data that takes place for the application of this Regulation. The Commission or the body designated by it and the authorities of the Member States shall cooperate on security-related tasks. 8. In particular, the Commission shall adopt the necessary measures, including a security plan, a business continuity plan and a disaster recovery plan, in order to:
9. The authorities of the Member States shall take measures equivalent to those referred to in paragraph 8 as regards security in respect of the processing of personal data by the authorities having a right to access any of the relevant fisheries databases. (*17) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1)." (*18) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39)." (*19) Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).’." |
| (89) | In Article 113, paragraphs 1, 2 and 3 are replaced by the following: ‘1. Member States and the Commission shall take all necessary steps to ensure that data covered by professional and commercial secrecy that are collected, received and transmitted within the framework of this Regulation are treated in accordance with applicable rules on professional and commercial secrecy. 2. Data referred to in paragraph 1 exchanged between Member States and the Commission may be transmitted to persons, other than those in Member States or the Commission or the body designated by it, whose functions require them to have access to such data, only with the consent of the Member State or the Commission or the body designated by it which has provided those data. In the case of a refusal, the Member State, the Commission or the body designated by it shall provide the reasons for refusal to transmit the data. The absence of a reply to a request for consent within a period of one month shall be regarded as consent. 3. The data referred to in paragraph 1 shall not be used for any purpose other than that provided for in this Regulation, except with the consent of the Member State, the Commission or the body designated by it which has provided those data and on condition that the provisions in force in the Member State of the authority receiving the data do not prohibit such use. In the case of a refusal, the Member State, the Commission or the body designated by it shall provide the reasons for refusal.’ . |
| (90) | Articles 114 and 115 are replaced by the following: ‘Article 114 Official websites For the purposes of this Regulation, Member States shall set up and keep up to date official websites for operators and the general public, containing as a minimum the information listed in Article 115. Article 115 Content of official websites On their official websites, Member States shall publish without delay, or provide a direct link to, the following information:
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| (91) | Article 116 is deleted. |
| (92) | In Article 117, paragraph 4 is replaced by the following: ‘4. The Commission may, by means of implementing acts, lay down rules on mutual assistance concerning:
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).’. |
| (93) | In Article 118, paragraph 5 is replaced by the following: ‘5. The Commission may, by means of implementing acts, lay down rules concerning the content and format of the reports by Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).’ . |
| (94) | Article 119 is replaced by the following: ‘Article 119 Committee procedure 1. The Commission shall be assisted by the Committee for Fisheries and Aquaculture established by Article 47 of Regulation (EU) No 1380/2013. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council (*20). 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. (*20) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).’." |
| (95) | The following article is inserted: ‘Article 119a Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 9a(5), Article 15b(1), Article 17(6), Article 21(6), Article 22(3), Article 24(4), Article 41(4), Article 44(4), Article 58(10), (11) and (12), Article 60a(2), Article 73(9), Article 74(11), Article 75(2), Article 90(4), Article 92(12) and Article 107(4) shall be conferred on the Commission for an indeterminate period of time. 3. The delegation of power referred to in Article 9a(5), Article 15b(1), Article 17(6), Article 21(6), Article 22(3), Article 24(4), Article 41(4), Article 44(4), Article 58(10), (11) and (12), Article 60a(2), Article 73(9), Article 74(11), Article 75(2), Article 90(4), Article 92(12) and Article 107(4) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (*21). 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 9a(5), Article 15b(1), Article 17(6), Article 21(6), Article 22(3), Article 24(4), Article 41(4), Article 44(4), Article 58(10), (11) and (12), Article 60a(2), Article 73(9), Article 74(11), Article 75(2), Article 90(4), Article 92(12) and Article 107(4) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council. (*21) OJ L 123, 12.5.2016, p. 1.’." |
| (96) | Annex I is deleted. |
| (97) | The text set out in Annex I to this Regulation is added as Annexes III and IV. |
Article 2
Amendments to Regulation (EU) 2019/473
Regulation (EU) 2019/473 is amended as follows:
| (1) | Article 1 is replaced by the following: ‘Article 1 Objective 1. This Regulation makes provision for a European Fisheries Control Agency (the “Agency”) for the purpose of ensuring a high, uniform and effective level of control, inspection and compliance with the rules of the Common Fisheries Policy, including its external dimension. 2. To that end, the Agency shall cooperate with the Member States and the Commission and provide them assistance as regards the areas mentioned in paragraph 1 of this Article within the limits of the missions and tasks set out in Chapter II.’. |
| (2) | Article 2 is amended as follows:
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| (3) | Article 3 is amended as follows:
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| (4) | Article 17 is replaced by the following: ‘Article 17 Exchange and processing of data and information 1. The Commission, the Agency and the competent authorities of Member States shall exchange relevant data and information available to them regarding joint control and inspection activities within the territory of Member States and Union and international waters in accordance with Regulation (EC) No 1224/2009. 2. The Agency shall take, in accordance with the relevant Union legislation, measures to ensure appropriate protection of the confidentiality of the information collected or received pursuant to this Regulation in accordance with Article 113 of Regulation (EC) No 1224/2009. 3. Regulation (EU) 2018/1725 of the European Parliament and of the Council (*22) shall apply to the processing of personal data carried out by the Agency. 4. In relation to the processing of personal data collected or received by the Agency in the accomplishment of its missions and tasks set out in Chapter II of this Regulation, the Agency shall be regarded as a controller as defined in Article 3, point (8), of Regulation (EU) 2018/1725. 5. Personal data collected or received by the Agency may only be processed for the purpose of fulfilling its mission and tasks set out in Chapter II of this Regulation, provided those purposes cannot be fulfilled with data that do not permit identification of data subjects. 6. Personal data collected or received shall not be stored for a period longer than necessary for the purposes referred to in paragraph 5, and in any event for no longer than five years from the date on which the Agency receives the relevant data. 7. By way of derogation from paragraph 6, personal data collected or received shall not be stored for a period longer than necessary for the purposes referred to in paragraph 5 relating to:
In any event, the personal data referred to in the first subparagraph shall be stored for no longer than until the end of the proceedings and enquiries referred to in the first subparagraph. If the information is retained for a period of time longer than that set out in paragraph 6 or in this paragraph, the personal data shall be anonymised. 8. The transfer of personal data contained in fishing activity data to a third country or to an international organisation shall only be performed in accordance with Chapter V of Regulation (EU) 2018/1725 and in compliance with agreement with that third country or with the applicable rules of that international organisation. (*22) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).’." |
| (5) | Article 19 is replaced by the following: ‘Article 19 Assignment of Agency officials as Union inspectors Officials of the Agency may be assigned as Union inspectors in accordance with Article 79 of Regulation (EC) No 1224/2009.’. |
| (6) | In Article 24, paragraph 3 is replaced by the following: ‘3. The annual work programme referred to in Article 32(2), point (c), shall be consistent with the multiannual work programme. It shall clearly indicate additions, changes or deletions compared with the previous year’s work programme, and the progress made in the achievement of the overall objectives and priorities of the multiannual work programme.’ . |
| (7) | Article 25 is replaced by the following: ‘Article 25 Cooperation in maritime affairs The Agency shall contribute to the implementation of the EU Integrated Maritime Policy, and in particular conclude administrative agreements with other bodies in matters covered by this Regulation after approval by the Administrative Board. The Executive Director shall inform the Administrative Board thereof at an early stage of such negotiations.’. |
| (8) | In Article 32, paragraph 2 is amended as follows:
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| (9) | In Article 33, paragraph 1 is replaced by the following: ‘1. The Administrative Board shall be composed of representatives of Member States, six representatives of the Commission and one representative of the European Parliament. Each Member State shall be entitled to appoint one member. The Member States, the Commission and the European Parliament shall appoint one alternate for each member to represent the member in his or her absence. Only representatives of the Member States and the Commission shall have the right to vote.’ . |
| (10) | Article 35 is replaced by the following: ‘Article 35 Meetings 1. The meetings of the Administrative Board shall be convened by its Chairperson. The agenda shall be determined by the Chairperson, taking into account the proposals of members of the Administrative Board and the Executive Director of the Agency. 2. The Executive Director and the representative appointed by the Advisory Board shall take part in the deliberations without the right to vote. 3. The Administrative Board shall hold an ordinary meeting at least once a year. In addition it shall meet on the initiative of the Chairperson or at the request of the Commission or of one-third of the Member States represented on the Administrative Board. 4. The Administrative Board may invite a representative of relevant Union institutions or any person whose opinion may be of interest to attend its meetings as an observer. 5. When there is a matter of confidentiality or conflict of interest, the Administrative Board may decide to examine specific items of its agenda without the presence of the representative appointed by the Advisory Board, the representatives appointed by relevant Union institutions and the person(s) referred to in paragraph 4. Detailed rules for the application of this provision may be laid down in the rules of procedure. 6. The members of the Administrative Board may, subject to the provisions of its rules of procedure, be assisted by advisers or experts. 7. The secretariat for the Administrative Board shall be provided by the Agency.’. |
| (11) | In Article 38(3), point (a) is replaced by the following:
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| (12) | In Article 44, paragraph 1 is replaced by the following: ‘1. The revenue of the Agency shall, without prejudice to other types of income, consist of:
. |
| (13) | Article 48 is replaced by the following: ‘Article 48 Evaluation 1. At regular intervals, and at least every five years, the Commission shall carry out an evaluation to assess, in particular:
The Commission shall consult the Administrative Board on the terms of reference for each evaluation. 2. The Commission shall send the evaluation report, together with its conclusions on the report, to the European Parliament, the Council and the Administrative Board. The Administrative board may issue recommendations to the Commission regarding changes to this Regulation. The evaluation report and the conclusions on the report shall be made public.’. |
Article 3
Amendments to Regulation (EC) No 1967/2006
Regulation (EC) No 1967/2006 is amended as follows:
| (1) | in Article 17, paragraphs 2, 3, 5 and 6 are deleted; |
| (2) | in Article 20(1), the second sentence is deleted; |
| (3) | Article 21 is deleted. |
Article 4
Amendments to Regulation (EC) No 1005/2008
Regulation (EC) No 1005/2008 is amended as follows:
| (1) | In the title of the Regulation, in the Articles, in the headings of the Articles and Chapters and in the Annexes, the noun ‘Community’ or the corresponding adjective is replaced by ‘Union’, with any necessary grammatical changes being made. |
| (2) | In Article 2, point 17 is replaced by the following:
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| (3) | Article 3 is replaced by the following: ‘Article 3 Fishing vessels engaged in IUU fishing A fishing vessel shall be presumed to be engaged in IUU fishing if, contrary to the conservation and management measures applicable in the fishing area concerned, it carried out one or more activities:
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| (4) | Article 10 is replaced by the following: ‘Article 10 Inspection procedure For the purpose of verifying compliance with applicable laws, regulations and relevant international conservation and management measures, Member States shall apply the provisions of Chapter I of Title VII of Regulation (EC) No 1224/2009.’. |
| (5) | In Article 11, paragraphs 1 and 2 are replaced by the following: ‘1. If the information collected during the inspection or any other relevant data or information provides evidence that leads the official to believe that a fishing vessel has engaged in IUU fishing in accordance with Article 3 of this Regulation, the official shall carry out the duties set out in Article 82 of Regulation (EC) No 1224/2009. 2. If the results of the inspection provide evidence that a third-country fishing vessel has engaged in IUU fishing in accordance with Article 3, the competent authority of the port Member State shall not authorise such vessel to land or tranship its catch or to have access to port services.’ . |
| (6) | The heading of Chapter III is replaced by the following: ‘ Catch certification scheme for fishery products ’. |
| (7) | In Article 12, paragraph 5 is deleted. |
| (8) | The following articles are inserted: ‘Article 12a Integrated computerised information management system for the Catch Certification Scheme 1. For the purpose of allowing the integrated management, handling, storage and exchange of information, data and documents relevant for checks, verifications, control and other relevant official activities concerning importation, re-exportation and, where relevant, exportation of fishery products, a digital information management system (CATCH) for the Catch Certification Scheme shall be established by the Commission in accordance with Articles 12b, 12c and 12d of this Regulation. CATCH shall be integrated in the Trade Control and Expert System (TRACES) referred to in Article 133(4) of Regulation (EU) 2017/625 of the European Parliament and of the Council (*23). 2. Exchange of information, data and documents in relation to the importation, re-exportation and, where relevant, exportation of fishery products and related checks, risk management, verifications and control, as well as in relation to documents referred to in this Chapter, such as importer declarations, catch certificates, re-export certificates, statements, applications or decisions, between the importer, the re-exporter and, where relevant, the exporter and the competent authorities of Member States, between the competent authorities of Member States or between the competent authorities of Member States and the Commission as provided for in this Regulation, shall be made using CATCH. 3. The Commission is empowered to adopt delegated acts in accordance with Article 54b supplementing this Regulation concerning the cases where, and the conditions under which, temporary exemptions from the application of paragraph 2 of this Article can be established. 4. The competent authorities of Member States shall use the information submitted by importers via CATCH under Article 16(1), for quantity management as well as, based on risk management, for carrying out their checks and verifications and for taking decisions as provided for under this Chapter and in delegated and implementing acts referred to in this Chapter and in Article 54a. Article 12b General functionalities of CATCH 1. CATCH shall:
2. CATCH may interoperate with other systems relevant for the fight against IUU fishing, including through an interface with existing and functioning national IT systems. Article 12c The functioning of CATCH In accordance with the rules laid down for TRACES, the Commission may adopt implementing acts for the functioning of CATCH which lay down:
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 54(2). Article 12d Protection of personal data 1. Regulation (EU) 2016/679 of the European Parliament and of the Council (*25) and Regulation (EU) 2018/1725 of the European Parliament and of the Council (*26) shall apply to the extent that the information processed through CATCH contains personal data as defined in Article 4, point (1), of Regulation (EU) 2016/679. 2. In relation to their responsibilities to transmit the relevant information to CATCH and the processing of any personal data that might result from that activity, the competent authorities of the Member States shall be regarded as controllers as defined in Article 4, point (7), of Regulation (EU) 2016/679. 3. The Commission shall be regarded as controller as defined in Article 3, point (8), of Regulation (EU) 2018/1725 in relation to its responsibility to manage CATCH and the processing of any personal data that might result from that activity. 4. Member States and the Commission shall ensure that CATCH complies with the rules on personal data protection referred to in Articles 134 and 135 of Regulation (EU) 2017/625. Article 12e Data security Member States and the Commission shall ensure that CATCH complies with the rules on data security referred to in Articles 134 and 136 of Regulation (EU) 2017/625. (*23) Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (OJ L 95, 7.4.2017, p. 1)." (*24) Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73)." (*25) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1)." (*26) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).’." |
| (9) | Article 14 is amended as follows:
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| (10) | In Article 16, paragraph 1 is replaced by the following: ‘1. The importer of fishery products into the Union shall submit the catch certificate, as established in Article 12(4), together with their transport details as specified in the Appendix to Annex II, the statement of the processing plant as established in Article 14(2) and other information as required in Articles 12, 14 and 17, electronically via CATCH to the competent authorities of the Member State into which the fishery products are intended to be imported. The catch certificate together with all the relevant accompanying documents shall be submitted at least three working days before the estimated time of arrival at the place of entry into the territory of the Union. The deadline of three working days may be adapted according to the type of fishery product, the distance to the place of entry into the territory of the Union or the means of transport used. Those competent authorities shall, on the basis of risk management, check all submitted documents, in particular the catch certificate, in the light of the information provided in the notification received from the flag State in accordance with Articles 20 and 22.’ . |
| (11) | In Article 17, paragraph 3 is replaced by the following: ‘3. Verifications shall focus on risks identified on the basis of risk-management criteria determined at Union level. In addition, Member States may develop additional national criteria for the same purpose. Member States shall notify to the Commission their national criteria and any updates thereof. The Commission shall, by means of implementing acts, determine the Union criteria. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 54(2).’ . |
| (12) | In Article 27, paragraph 8 is replaced by the following: ‘8. Union fishing vessels shall not be included in the Union IUU vessel list if the flag Member State has taken action pursuant to this Regulation and Regulation (EC) No 1224/2009 against breaches constituting serious infringements as referred to in Article 42 of this Regulation, without prejudice to any action taken by regional fisheries management organisations.’ . |
| (13) | In Article 38, the following points are added: ‘10. the ownership, including as a beneficial owner as defined in Article 3, point (6), of Directive (EU) 2015/849 of the European Parliament and of the Council (*27), operation or management by Union operators of fishing vessels flying the flag of such countries shall be prohibited. Union owners, including beneficial owners, of fishing vessels flying the flag of such countries shall request that those vessels be removed from the registry of such countries within two months of the publication of the list of non-cooperating third countries in accordance with Article 33 of this Regulation. Where the request cannot be made directly by the owners, including beneficial owners, they shall mandate a relevant natural or legal person empowered to act on their behalf to request such removal within the timeframe provided; 11. access to port services and the conduct of landing or transhipment operations in Union ports by fishing vessels flying the flag of such countries shall be prohibited. (*27) Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p. 73).’." |
| (14) | The heading of Chapter IX is replaced by the following: ‘ Chapter IX Proceedings and enforcement ’. |
| (15) | Article 42 is replaced by the following: ‘Article 42 Serious infringements For the purposes of this Regulation, “serious infringement” means any infringement falling within the scope of this Regulation which is listed in Article 90(2) of Regulation (EC) No 1224/2009 or considered to be a serious infringement pursuant to Article 90(3) of that Regulation.’. |
| (16) | The following article is inserted: ‘Article 42a Proceedings in the event of serious infringements Without prejudice to Article 11(4) and Article 50 of this Regulation, Member States shall apply Article 85 of Regulation (EC) No 1224/2009 where a serious infringement is detected.’. |
| (17) | Article 43 is replaced by the following: ‘Article 43 Measures and sanctions In the event of serious infringements, Member States shall apply measures and sanctions in accordance with Title VIII of Regulation (EC) No 1224/2009.’. |
| (18) | Articles 44 to 47 are deleted. |
| (19) | Article 54 is replaced by the following: ‘Article 54 Committee procedure 1. The Commission shall be assisted by the Committee for Fisheries and Aquaculture established by Article 47 of Regulation (EU) No 1380/2013. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council (*28). 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. (*28) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).’." |
| (20) | The following articles are inserted: ‘Article 54a Annexes and documents The Commission is empowered to adopt delegated acts in accordance with Article 54b amending Annex I, Annex II, including the Appendix thereto, and Annex IV, as well as supplementing this Regulation by adopting and keeping up to date a template for the document referred to in Article 14(1), point (b)(ii), in order to take into account international developments in catch documentation schemes, scientific developments and technical progress, including adaptations for the purpose of the implementation of CATCH. The Commission is also empowered to adopt delegated acts in accordance with Article 54b amending Annex I each year on the basis of the information collected under Chapters II, III, IV, V, VIII, X and XII. Article 54b Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 12a(3) and Article 54a shall be conferred on the Commission for an indeterminate period of time. 3. The delegation of power referred to in Article 12a(3) and Article 54a may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (*29). 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 12a(3) and Article 54a shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council. (*29) OJ L 123, 12.5.2016, p. 1.’." |
| (21) | Annex II and the Appendix thereto are replaced by the text set out in Annex II to this Regulation. |
| (22) | In Annex IV, the introductory part is replaced by the following: ‘DOCUMENT NUMBER (*30): … I confirm that the processed fishery products: … (product description and Combined Nomenclature code) have been obtained from catches under the following catch certificate(s): (*30) Insert document number’." |
Article 5
Amendments to Regulation (EU) 2016/1139
Regulation (EU) 2016/1139 is amended as follows:
| (1) | Article 12 is deleted. |
| (2) | Article 13 is replaced by the following: ‘Article 13 Margin of tolerance 1. By way of derogation from Article 14(3) and (4) of Regulation (EC) No 1224/2009, until 10 January 2028 for catches to which this Regulation applies, and which are landed unsorted, the permitted margin of tolerance shall be 20 % per species. 2. Notwithstanding paragraph 1, in the case of landings in listed ports in accordance with Article 14(4), point (a), of Regulation (EC) No 1224/2009, the margin of tolerance set out in that point shall apply.’ . |
Article 6
Amendment to Regulation (EU) 2017/2403
In Title II of Regulation (EU) 2017/2403, Chapter VI is deleted.
Article 7
Entry into force and application
1. This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
2. Article 1 shall apply from 10 January 2026.
3. By way of derogation from paragraph 2 of this Article, the following points of Article 1 shall apply from 9 January 2024:
| (a) | points (7), (8), (9), (49) and (63); |
| (b) | the parts of points (6), (13) and (51) relating to the development by the Commission of:
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4. By way of derogation from paragraph 2 of this Article, the definitions set out in Article 1, point (1), of this Regulation shall apply in respect of any article of Regulation (EC) No 1224/2009 as amended by this Regulation from the date on which that amended article applies. In respect of any other article of Regulation (EC) No 1224/2009, those definitions shall apply from 10 January 2026.
5. By way of derogation from paragraph 2 of this Article, the parts of points (11) and (20) of Article 1 of this Regulation relating to the permitted margin of tolerance in estimates recorded, respectively, in the fishing logbook, under Article 14(3) and (4) of Regulation (EC) No 1224/2009 as amended by this Regulation, and in the transhipment declaration, under Article 21(3) of Regulation (EC) No 1224/2009 as amended by this Regulation, shall apply from 10 July 2024.
6. By way of derogation from paragraph 2 of this Article, Article 1, point (76), shall apply from 1 January 2026.
7. By way of derogation from paragraph 2 of this Article, Article 1, points (10), (14), (22), (36) to (42), and (50), shall apply from 10 January 2028.
8. By way of derogation from paragraph 2 of this Article, Article 1, points (58), (60) and (62), shall not apply to fishing without a vessel until 10 January 2028.
9. Article 2 shall apply from 9 January 2024.
10. Article 3 shall apply from 10 January 2026.
11. Article 4 shall apply from 10 January 2026.
By way of derogation from the first subparagraph of this paragraph, Article 4, points (13), (19) and (20), shall apply from 9 January 2024.
12. Article 5, point (1), shall apply from 10 January 2028, and point (2) shall apply from 10 July 2024.
13. Article 6 shall apply from 10 January 2026.
14. Notwithstanding paragraphs 2 to 13 of this Article, the provisions of this Regulation conferring delegated and implementing powers upon the Commission shall apply from 9 January 2024. The delegated and implementing acts adopted pursuant to this Regulation shall apply from the dates of application laid down in paragraphs 2 to 13 of this Article and in any other provisions of this Regulation, without prejudice to any transitional provisions laid down in Article 8.
Article 8
Transitional provisions
1. Where provisions of this Regulation become applicable to certain categories of vessels, in particular vessels of less than 12 metres in length overall, on a date later than 9 January 2024, the rules laid down in Regulation (EC) No 1224/2009 which are amended or repealed by this Regulation and which apply to those categories of vessels on the day before that date, in particular Articles 14 to 25 and 48 of Regulation (EC) No 1224/2009, shall continue to apply to those categories of vessels until the date on which the provisions of this Regulation become applicable to those categories of vessels.
2. As regards vessels of less than 12 metres in length overall, Article 9, Article 14(1), (2) and (7) to (12), Articles 15, 19a, 21 to 24 and 48 of Regulation (EC) No 1224/2009, as amended by this Regulation, shall apply to those vessels from 10 January 2028.
3. Until 10 January 2027 Member States may continue to apply sampling plans, control plans and common control programmes referred to in Article 60(3) of Regulation (EC) No 1224/2009 as amended by this Regulation, which have been approved by the Commission in accordance with Articles 60 and 61 of Regulation (EC) No 1224/2009 and Articles 76 and 77 of, and Annexes XIX, XX and XXI to, Commission Implementing Regulation (EU) No 404/2011 (30) as applicable on 9 January 2024 and which have not expired.
4. From 10 July 2024 until 10 January 2026 and, by way of derogation from Article 3(1), point (b), Article 3(2) and Article 42 of Regulation (EC) No 1005/2008 as applicable on 8 January 2024, failing to fulfil obligations to accurately record estimates of quantities within the permitted margin of tolerance as provided for in Article 90(3), point (c), of Regulation (EC) No 1224/2009 as amended by this Regulation shall constitute a serious infringement where one or more of the corresponding criteria set out in Annex IV to Regulation (EC) No 1224/2009 are met.
5. For the electronic submission via CATCH of catch certificates and any other related documents in accordance with Article 16(1) of Regulation (EC) No 1005/2008 as amended by this Regulation, until 10 January 2028 the importer may use catch certificates and any other related documents that have been validated, endorsed or signed before 10 January 2026 in accordance with Articles 12 and 14 of, and Annexes II and IV to, Regulation (EC) No 1005/2008 as applicable at the time of their validation, endorsement or signature.
6. As regards the obligation, referred to in Article 38, point 10, of Regulation (EC) No 1005/2008 as amended by this Regulation, of Union owners, including beneficial owners, of fishing vessels flying the flag of third countries included in the list of non-cooperating third countries in accordance with Article 33 of that Regulation to request the removal of those vessels from the registry of such countries, such a request, in relation to the countries already included in that list on 9 January 2024, shall be made by 10 March 2024.
This Regulation shall be binding in its entirety and directly applicable in all Member States.